QUESTION

I am looking to marry a man with a lot of baggage and have several questions about when I may become responsible after marriage.

Asked on Jul 23rd, 2015 on Debtor and Creditor - Florida
More details to this question:
First, he has 4 children, one is 20, one is 18, one is 6 that he currently pays child support for and a possible fourth child that is 3, that he just received paperwork for paternity and child support. After getting married, could I ever be responsible for any child support associated with these children. And if so, is there a way to prevent that from happening. He also has not filed taxes in 5 years. Again, once married, is it possible for this to fall on me? Can we file "married, filing separate" without an issue. Also, he has about 50,000 in student loans and am wondering if they can ever come after me for any of that money, and again if there is a way to avoid that. Would a prenup come in handy for any of these situations?
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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Of course, the first obvious response is not to marry a guy with that much baggage.  And that sounds like a LOT of baggage.  But you did not come here wanting that kind of advice.If you marry him, you are NOT personally liable for his child support or any of his personal debts -- there may be some odd exceptions, but I haven't seen any from what you said.  His income might be garnished for child support, so you had better plan for that.  If you file a joint tax return, then you are liable for any taxes owed or penalties for that year, but not previous years before you were married.  I'm not sure if the IRS will be able to grab any refund you might get anyway, so it may be a good idea to file separately.Married people have a unique form of property ownership under Florida Law called "Tenancy by the Entireties."  This can apply to real property (land) or personal property (anything else).  If you start a joint bank account as a "Tenancy by the Entireties" account (ask for it by name at the bank) after marriage and only put money earned after the marriage into that account, creditors of him alone do not have a legal right to go after money held in a bank account as "tenants by the entireties."  However, if he gives you any money that he owned before the marriage, then the creditor can go after that money as a "fraudulent transfer."The same rules apply to personal property (stuff) that he owned prior to the marriage versus personal property that you acquire during the term of the marriage (even wedding gifts).  Anything that was yours before the marriage continues to be yours unless you "give" it to both of you after the marriage, at which time it becomes Tenancy by the Entireties property.  If he "gives" solo property to make it joint property, then that gift of an undivided half could be a fraudulent transfer.A pre-nup would help define things that are yours alone, his alone (which could be claimed by creditors) versus joint property, but it probably is not needed unless there is a lot of money or property involved.In general, stuff in your name alone should probably stay that way, such as your car or home.  If he has a car or other personal property from before the marriage, do not transfer it into joint names.  If you buy a car after marriage and don't trade in his car for it, then you can put it in joint names or just your name.  (Frankly, with those kinds of money problems, I doubt he'll be able to buy a car in his name anyway.)
Answered on Jul 27th, 2015 at 2:54 PM

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